(영문) 대구지방법원 2015.12.18 2015가단17286

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.12.18 2015가단17286

보증채무금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff: (a) supplied stone stones to B on March 7, 2007, which was not paid on the basis of around 62,467,437 won; (b) decided on March 14, 2007 as 62,460,000 won for the unpaid goods; and (c) prepared and delivered “attached cash storage certificate” (hereinafter “the cash storage certificate of this case”) in order to receive the promise of payment from B (debtor) and the Defendant (joint surety) who is the denial of B (joint surety).

B. From December 11, 2007 to December 17, 2008, the Defendant and B paid a total of KRW 194,000,000 to the Plaintiff as seen in the “attached Form Transfer Statement.”

[Ground of recognition] No dispute, Gap 1, 2, Eul 1, 2, and 3 (including paper numbers), the purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. (i) At the time when the Plaintiff’s cash storage certificate was prepared, the Plaintiff continues to supply stone to B, and even thereafter, the Defendant also knowingly prepared a cash storage certificate of this case in the sense of a comprehensive joint and several surety with respect to the goods payment obligation arising from continuous transactional relationship with B with the Plaintiff. As such, the Defendant is liable for joint and several surety within the limit of KRW 62,460,000 as stated in the cash storage certificate of this case as to the goods payment obligation arising after the establishment of the cash storage certificate of this case.

Accordingly, the Plaintiff seek to the Defendant for payment of KRW 62,460,00 as stated in the cash custody certificate of this case among KRW 105,993,367 of the unpaid amount of goods B and damages for delay.

See The Defendant jointly and severally guaranteed only KRW 62,460,00,000, which is the goods payment obligation against the Plaintiff, from March 14, 2007, when the cash custody certificate of this case was prepared. Since the cash custody certificate of this case was prepared to the Plaintiff and the amount paid to the Plaintiff was included in KRW 194,00,000,00, the Defendant cannot respond to the Plaintiff’s request.

B. We examine the judgment, and B’s cash custody certificate of this case to the Plaintiff.

유사 판례

-서울고등법원 2017.09.14 2017나2021365

-대법원 2011. 11. 10. 선고 2011다62977 판결

-대구지방법원 2019.10.23 2018나10355

-대구지방법원 2016.08.11 2015가단36324

-춘천지방법원원주지원 2015.07.01 2015가단2569